McKinney v. Ryan, 09–99018.
Decision Date | 12 March 2014 |
Docket Number | No. 09–99018.,09–99018. |
Citation | 745 F.3d 963 |
Parties | James Erin McKINNEY, Petitioner–Appellant, v. Charles L. RYAN, Respondent–Appellee. |
Court | U.S. Court of Appeals — Ninth Circuit |
OPINION TEXT STARTS HERE
Ivan K. Mathew, Susan T. Mathew, Esquire, Mathew and Associates, Phoenix, AZ, for Petitioner–Appellant.
Jon Anderson, Esquire, Assistant Attorney General, Arizona Attorney General's Office, Phoenix, AZ, for Respondent–Appellee.
Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35–3. The three judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.
Judges Silverman, Murguia and Hurwitz did not participate in the deliberations or vote in this case.
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McKinney v. Ryan
...McKinney v. Ryan, 730 F.3d 903 (9th Cir.2013). We granted rehearing en banc and withdrew our three-judge panel opinion. McKinney v. Ryan, 745 F.3d 963 (9th Cir.2014). In his federal habeas petition, McKinney challenges both his conviction and sentence. We agree with the decision of the thre......
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